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HomeMy WebLinkAbout94-00549 " " .1' , i " I' . , , , ;,1 I I " , ,-i' ~ I'. II " " " , ' i! " '1'. " " I I" ,.'1 ."~~~~~ ,~~:!'C,,;~..!" ~,'r:<<:,:~'~',~',:Il!',,,~, ',~;' '~: :rIC',~ '~,'C!rl,;_:~:~,:,:,,__~~ "'(:41!~ ~ IN THE COURT OF COMMON PLEAS , (I . (I OF CUMBERLAND COUNTY . . . : STATE OF '* PENNA. : (I . (I . (I . 'nmA J,. FAlINES'J.'(X:J(, 549 . . Plaintiff N ()".............., ....,..",,,..,.. 1994 (I (I V,'I',",< (I (I . 'l"OBY W. FJltIN&S'l'OCl<, . (I ~f~t . (I (I * ~ (I DECREE IN ~ : : DIVORC~I 4A {(tJcI)l1. . ").-) ~T : . AND NOW, "',' " , , , , , , , , , , , , , , , " " 19 """ It il ordered and, (I decreed that ......, ~,., r ,f~~\:99L , .. .. .. .. .. , " .. , " " '. plaintiff, (I . and"", """", ,~y ~', ,F~e,Btoc,~ """ " """""""". defendant, : ~ are divorced from the bonds of matrimony, . (I (I The court retains jurisdiction of the following claims which have : . been railed of record in this action for which a final ardor hal not yet * (I been entered; (I : """""""""'~"""""""""""""""""""""""""" 1* (I ......""......,,,..,,,,,,..,,,,,.., i* : ~ , M . ' (I i~ . ~)It,llol u.!I {I ~JLb";l, /;'}..7.t,'I.,t'!t~ ,~ ~ 'J ,/, V v.:.J' 1/ ;~ n1': ',(~ ":,f,.?rt f1'/J-::;e0 l'rnlhonolnry : l.I _~~_...;, ' I: --- ----~,~.,~,*~,~,.~.~*.~,~,.~,.~"*,_e*~~ I ( v. : IN TilE COURT OF COMMON PLEAS OF : CUMJ)JiRLAND COUNTY, PENNSYI-V ANIA TONY A J, IIAHNESTOCK, Plaintiff TOBY W, FAHNESTOCK, Defendant , : CIVIl. ACTION. I.AW : IN DIVORCE : NO, ~49 CIVIL 1994 PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following Information, to the court for cnlr)' of a dlvon:e decree: I. Ground for dlyorce: Irretrievahle hreakdown under Section 3301(c) of the Divorce Code. 2, Date and manner of service of the complaint: April 1~, 1994; Pursuant to Rule Pa,R,C,P, 402(h), Acceptance of Service signed hy Defendant's allorne)', Stephen B, Upson. 3, Date of execution of the AfI1davlt of Consent required hy S:ction 3301(c) of the Divorce Code: by the plaintiff July 22, 1994; hy the defendant August 8, 1994, 4, Related claims pending: none, Date ~-15 ~y M~4' MI IIELLE B, STOKES Certll1ed Lellal Intern ~~~ THOMAS M. PI-ACE ROBERT E. RAINS Supervising Allorney FAMILY LAW CLINIC 4~ North Pill Street Carlisle, PA 17013 7171240-~204 ! .,1 " I' " ',. " , , I.n - ~r: ..,. to 'I.' \""",." .tt ~oa;(!,...t t~':~;"l ",f 10') '"',''' I,r .II(I~' 1'~'I\. ~:;..) '.'It.,' '.' " '" \, , , , " " ., ~ Ie tj N " , , ,I J.f ", , " " , , " " " , , , , ~~R '-1 1 199.4(I,~,,- TONYA J, FAlINP"STOCK, Plaintiff : IN TilE COllRT OF COMMON PLEAS OF : ClIMHERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION . LAW : IN DIVORCE TOBY W, FAHNESTOCK, Defendant : NO, ~49 CIVIL 1994 ORDER OF COURT AND NOW, this ') I >1a)' of f) y)I,WL'1994, on consideration of the attached AfIldavlt of PlalntlfflPelllioner, leave Is granted to the petitioner to proceed In fonna pauperis to the exlenl thaI she Is relieved of all costs in this action, , ,'I By the Court, ~/ J, " , , " I' , , \1/ ,'I ,I I I VllU "II ,,~, '/ i! k ~ ~~ I i1j'J (': '.: " ' : ,', '\ il\l, 1 I'd' ~Ii!' " 1,1 . 1\11'1' ~61 WI ~t G II Y,ll~' I' (a) Ila'l Jived with my husbal\llln October of 1993, (b) My hu.bal\lll. employed at Hoffman Mills, Shlppel1lbura, Pennsylvania, II a laborer, He OWl1l an automobile, I do nOI have Information or knowledae a. 10 whc<hcr my hu.bal\ll OWl1l real e.la<o, or has any other personal property or BIIel.. 7. I have 2 children: April Marlc Hockensmith who was born on May 21, 1982; and Kayla May Fahne.tock, who was born on October 22, 1991, both of whom reside with me al 465 N, Pill Streel, Carlisle, Cumberlal\ll County, Pennsylvania. 8, I am presently unemployed because the care of my younll children requires my presence lit home. I last worked at Hoffman Mills as a laborer, 9, My social security number Is 176-50-1826, 10. I have the followJni monthly Income: " , Public Assistance $403,00 Child Support Payments $ 50,00 Food Stamps $229,00 Grant from HUP for Rent $386,00 TOTAL $1068.00 11. My monthly expenses arc as follows: Rent (Granl from HUP) $386,00 Electricity $212,00 Water $ 45,00 Telephone $ 40.00 Food Stamps $229,00 Additional Food $ 20,00 .' >I , Ii . " " , 'jl :'j \ , I , , , Cleanl>>>> Supplies $ 25.00 Diapers $ 30,00 Trash $ 16,80 t, ClaaretlCs $ 28,00 .1 Personal Items $ 30,00 Clothlnll $ 50,00 Cable S 36,00 TOTAL $1147,00 12. My husband and I did malntalnll checklna account tbroullhout our marrlaae, The account has been closed, 13, I do not own an automobile. 14, I understand that I have a continuing oblillation to Inform the court of Improvemenl In my t1naoclal circumstances which would permit me to pay the costs Incurrcd herein, 15. I verify tbatthe statements made In this aft1davlt are true and correct, I understand that false statements herein are made subject to the penalties of 18 Pa.C.S, 14904, relatlnll to umwom falslt1cation to authorities, WHEREFORE, petitioner prays that this Honorable Court grant petitioner leave to proceed In forma pauperis in the above titled action without fee or cost to the petitioner, Date', \r~\-{.< )() \'\,1'\' I TONYA J, FAJlNESTOCK, Plnlntlff : IN TJlE COURT 011 COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. , , : CIVIL ACTION - LAW : IN DIVORCE : NO, '49 CIVIL 1994 TOBY W. FAHNESTOCK, Defendant ~OTICE 10 DEFE~Q AND CJ,AIM RIGH'J'S You have been sued In court, If you wish to defend allalnltthe claiml set forth in the followinll p~lIel, you mUlttake prompl action, You are warned that If you fall to do 10, the case may proceed without you and a decree of divorce or annulment may be entered allalllllt you by the court. A judllment may also be entered aaalnlt you for any other claim or relief requelted In these papers by the plaintiff, You may losc money or property or other dahts Important to you, Including cUltody or visitation of your children. When the IIround for the divorce Is indignities or Irretrievable breakdown of the marrlaae, you may requesl marrlaae coullllellng, A list of marrlaae counselors II available In the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylval\la. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse Carlisle, PA 17013 717/240-6200 TONYA 1, FAHNESTOCK, Plaintiff : IN THE COURT Of' COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYl.VANIA v, , , : CIVIL ACTION - LAW : DIVORCE TOBY W, FAHNESTOCK, Defendant : NO, ~49 CIVIL 1994 COMPLAINT The plainlil'f, Tanya J. Fahnestock, by her auorneys, the Pamily llIw Clinic, Hltl forth the followlns cause of action: DIVORCEJ,JNDER 23 Pa.C.S. SECTIQN 330ltc) AND 330Jld) OF THE D,VORCE COI)E 1. Plaintiff Is Tonya J. Fahnestock, who currently resides at 465 N, Pill Streel, Carlisle, Cumberland County, Pennsylvania 17013, 2, Defendant is Toby W, Fahnestock, who currently resides III 133 1/2 N. Earl Street, Shippensburg, Cumberland County, Pennsylvania, 3, Plaintiff and defendant have been bona fide residents In the Commonwealth for al least six months Immediately previous to the filins of this Complaint, 4, Plaintiff and defendant were married on June 2, 1987 In Shlppenaburg. Pennaylvanla, S, Plaintiff and defendant have lived separate and apart since October 8, 1993. 6. There have been no prior actions of divorce or for annulment between the parties. I' COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: SS, I verify that the statements made in this Complaint are true and correct to the beat of my personal knowledge and belief, I understand that false statements herein are made subJeclto the penalties of 18 Pa.C,S, '4904, relating to unsworn falsification to authorities. --'-"" ..,- -....''/ (,\\,{, Tonya ,k ""I Date \ 1 \( \.n \, '-S()I n '/'/ , , , ,I ' , " " , !; , , . " , , ,., Ii I I " TONYA 1, FAHNESTOCK, Plaintiff : IN TUll COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : CIVIL ACTION - LAW : IN DIVORCE TOBY W, FAIINESTOCK. Defendant : NO, 549 CIVIL 1994 ACCEPrANCE OF SERVIC(o; I acceplscrvlce of the attached Complaint In Divorce on behalf of Toby W, FahncllOc:k and certify that I am authorized to do 10, Date /Ip. ' / / ) i' ,/ . (' . ,I '. I,"" "..... I ) , " '__-L.' Stephen B, Lipson, Esq, "i' 'v .' . , , , , , , ,. , " , ',II . , ,I, I . , " ,I; 'I,! , ' "I' , , TONYA J, FAHNESTOCK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, l'ENNSYl,VANIA v. : CIVIL ACTION - LAW : NO, .549 CIVIL 1994 TOBY W, FAHNESTOCK, Defendant : IN DIVORCE AFl<'IDA VIT QF CONSf:NT 1. A Complaint In Divorce under S.:~liomi .l3Ul(c) and 33LI1(I1) ot'the Divorce Code was filed on April 6, 1994, 2, The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of lUingthe Complaint. 3, I consent to the entry of a final decree of divorce, 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses If I do nO! claim them before a divorce is granted. I verify that the sllllemellts made In this affidavit are true and correct. I understand that false statements herein are made suhject to the penalties of 18 Pa,C,S, 04904, relating to unsworn falsification to authorities, Date~f --- Ii Iii , " ., , I-I' 'I ,I " " I"~, " " ., , , " , , ., Ii " "I '1 , '~ t.l'; , e i-I 1i11'." " ,/ I.I.I~:- ,~ "I I " - ~t!it .;.... " I~a~~ I C'-I ,I~~~~ :a. " _~:a- ..-, I ,',~"" )..: ~ :..:j,j.Q!~ " ,. -I"I~~ j"r;fU'" , H .If" ,.ltG" " aB , I" " \\1 , , !I , ' , I;' :' " " , . " " , I i; I' " I' , " " " " " , , " ", !\ . ~ i " .~ \ TOBY W. FAHNES'rOCK, IN THE COURT OF COMMON PLEAS O~' Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW TONYA J. FAHNESTOCK, Defendant NO. 'N? CIVIL 1994 ORD,R or COURT DD lOW, '=e h(l.t<lfY J (? Icr'i.Y., upon consideration of the attached Complaint, it is hereby directed that the parties and their respective couneel appear before ~L-:t:. (.,./1",'1 UJ(, , the conciliator, at _~flc.t./' (vMb, (r.). (()o~(l~ on the --.il!:/J!'.day of _-Ml\fCt\ 1 99'::J, at -lO~?:i) o'clock, ,i.m., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute} or if this cannot be accomplished, to defino and narrow the issues to be heard by the Court, and to enter into a temporary order. All children age five or older ~ also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT: ~ By: '---'~uf!..~/I:,.J?f#(S<~ Custody Conc ator ~,' /~F/ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. . TOBY W. FAHNESTOCK, Plaintiff IN 'rHF. COl/RT OP' COMMON PLF:AS OF Cl/MDJr.RLAND COtJN'l'Y, PENNSYlNANIA CIVIL ACTION - I,AW v. TONYA J. i'AHNr.STOCK, Defendant NO.~V? CIVIL 1994 COMPLAII' rOR P~R'J'I~L CUI'O~Y 1. The Plaintiff is TOBY W. FAHNESTOCK, an adult individual, current residing at 113 1/2 N. Earl Street, Shippensburg, Cumberland County, Pennsylvania. 2. The Defendant is TONYA J. FAHNESTOCK, an adult individual, currently residing at 465 N. Pitt Street, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff seeks partial custody of the following child I li.Q)M Present Residence Ag.t " 465 N. Pitt Street Carlisle, PA 17013 The child was not born out of wedlock. 2 yrs. 3 mos. KAY LA M. FAHNESTOCK The child is presently in the custody of Defendant, Tonya J. Fahnestock, who resides at 465 N. Pitt Street, Carlisle, Pennsylvania. During the past five years, the child has resided with the following persons and at the following addresses: Persons I\ddresses 465 N. Pitt Street Carlisle, PA 17013 Dates November 1993 to Present Defendant and her Daughter, April Hockensmith Defendant, April Hockensmith, and Oefendant's Mother, Sandra Hockensmith 103 S. High Street Newville, PA 17241 October 8, 1993 to Novembsr 1993 t:' " i'lIrllODJI. Plaintiff , Defendant and April Hock~nBmith Plaintif f, D.,fendant and April Hockensmith MW"H1l.lUI. Dates December 1992 to October 8, 1993 113 1/2 N. Earl Street Shipponsburq, PA 17257 West End Trailer Park Date of Birth thru Lot 19 December 1992 Shippeneburq, PA 17257 The mother of the child is Def.endant, Tonya J. Fahnestock, currently residing at 465 N. fitt Street, carlisle, Pennsylvania. She is married to Plaintiff. The father of the child is Toby W. Fahnestock, currently residing at 113 1/2 N. Earl Street, Shippensburg, Pennsylvania. H~ is married to Defendant. 4. The relationship of the Plaintiff to the child is that of Father. The Plaintiff currently resides with the following persons I Name Relationship Heather L. ~obinson None 5. The relationship of ths Defendant to the child is that of Mother. The Defendant currently resides with the following persons I Name Relationship Defendant's Daughtsr April Hockensmith I I , I , I 1,1 .' I, , 6a. Plaintiff hae not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 6b. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 6c. Plaintiff does not know of a pereon not a party to the p~oceedinqs who has physical cuetody of. the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested for the following reasons: A. Plaintiff has a great deal of lovB and affection for his child and desires to maintain the strong bond that existed between them prior to the separation between Plaintiff and Defendant. B. Defendant hae refused to grant partial custody to plaintiff and would not allow Plaintiff even to pick the child up at Christmas time and take her to a place other than the current residence of Defendant. 8. Each parent whose parental righte to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHIR.FORI, Plaintiff requests the Court to grant liberal partial custody to Plaintiff of his daughter with said periods of partial custody to include, but not be limitod to the followin91 alternating weekends from Sat~rday morning through Sunday eveningl two evenings each week that Plaintiff works the 7100 a.m. to 3:00 p.m. shift and two afternoons each week when Plaintiff is wurking the 3:00 p.m. to 11:00 p.m. shift I time during the Christmas holiday each year and on other elternating lnajor holidays such as Thanksgiving, Easter, Memorial Day, Labor Day and Independence DeYI four weeks of partial custody oach and every summer, with two of those weeks to fall during Plaintiff's Icheduled vacation in 1994 from July 2 through July 171 the Saturday picnic scheduled by Plaintiff'" employer which usually ocours in August each yearl and time on Father's Day and the child's birthday. Respectfully submitted, / I ;'.r' ,(' l'"'" .."," ,) ~.. · stllphen B. Lipson, &l8q. Attorney for Plaintiff " 1,1 , , , ,I " ii' I,! I Ii " " , , , " " I, " , ' '" , ,I , " , " , ' 'I " 'I COMMONWB:ALTII OF PENNSYLVANIA) 1 : SS. COUNTY OF CUMBERLAND ) I verify that the statements made in the fore90ing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 54904, relating to unsworn falsification to authorities. DATE I ~~//ft:Y '~~. /;/. ,t(. '. j '( 7" "":-~_' .. TobV""'. Fahnestock, pt nt ff " , II I, " ,;i" ".'\ ~i' 'I, ~ ," .. " :r'.'1 III ~ R " o!..'"'") .- " ,..- , , ~-, " ffJ , '" ,..... I"~;' " ~ ...., ~t ~". ~J . " ~ 'f ~ ~~! l~ ~ ~ ~\:"" V) f 'l!;::'r.' , " \;, I' , ,;\I_'lIl "l""J' "~I' , J.J " !! l: XiII; ."1' ," " , i '-" , , , 'I' , " ,I " " , , , I , , " " , '-1 , , " il " " I " " I I' " "~I " " ,', 'I il ! r ~:.I .! g '[ l~ 'I I ., , 1'1, II f\\ v. " I I, i~' .':J" I".' "{ I, " , " i' '" , , ,I ,J , ' I, 11 " , , , I , ~"','I , ~ \ ,.' , ,'I. ,i \i )) r( , , ;., " I,' , " I' " ,II I " , , 'I , ' , ,II I'! ti' li '!t.:, ""J ,(I ,Ii , ~r;\1 '(',II lV' I f " ," Ii " , I II " I' , " I, , " , " I' ~I' '~\'.: , ~~I. \ ; ,.-\ ,',' " " " , , . 'I .Of I .' '" . .' " " . ." ,.. Fell> . , I) i, , " .... MAI~ ;j \; 18D4 (Jv roBY IV. I'AHNlSroCK, P11J.ntJ.tt , IN '1'HII COUR'1' 01' CONNON PLIIAf/ OF ,CUHBIIRUlND COUN'1'Y, PIINNBYLVANIA , 'NO. ~49 - CIVIL - J994 , , 'NO. ~49 CIVIL J994 v roNYA J. I'AHNI1B'l'OClC, Detendant CQNCILIA'l'ION CQlf'.UlfC' BUlUlARY IUlPQJf'l' IN ACCORDANCII "I'1'H CUHBIIRLAND COUNTY RULE 01' CIVIL PROCBDURII 1915.J-'(b), the unde~sJ.gned Custo4y ConaJ.lJ.ator submJ.ts the tollowJ.ng ~eport' 1. 'l'h. pertJ.nent into~mation pe~taining to the ahild who J.s the subjeat ot thJ.s litigation is as follows, Kayla H. Fahne.toak, bo~n Oatober 22, J991. 2. A ConaJ.liation Conferenae was saheduled. However, the parties advised the Conailiator that they hive reaahed an agreement J.n aaaordanoe with the terms as outlined J.n the attaahed Order. '1'he Conailiator reaommends that the Court sign thJ.. O~der. .J/irl If V '1'11 re " , )1 \'IIIV', :, ,; N h ;l,~ /.I."';'jO ilWI lill '", 110 A~"".'.I''''iIlIl,j J) ":'11 HI ,:1Ijl(, .;. , , " , " ~61 NJ st 7, IE YWU . , ,of . TOBY W. FAHNESTOCK, Plaintiff IN THE COURT OF COMMON PLEAS or CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. TONYA J. FAHNESTOCK, Defendant NO.649 CIVIL 1994 pID,. or cou., DD 110./ this ",31" day of n-Ja...I, , 1994/ upon agreement ot the parties, it is hereby ordered and decreed as followsl 1. Shared legal custody of the parties' daughter, Kayla M. Fahnestock, date of birth October 22, 1991 will be in both of the parties as the natural parents. 2. Primary physical custody of said child shall be in the mother, Tonya J. Fahnestock, subject to the following peri-ods of partial physical custody for the father, Toby W. Fahnestock I (a) Every other weekend from Saturday at 9100 A.M, through sunday at 6100 P.M., commencing with the first weekend following the date of this order; (b) On those weeks that father works first shift, he shall have partial custody on Tuesday and 'l'hursday evenings from 5:00 P.M. through 9:00 P.M. On those weeks that father works the second shift, he shall have partial custody on Tuesday and Thursday from 8100 A.M. to 2100 P.M.;